Being arrested and charged with domestic violence can feel like your whole world is crashing down. Even if it’s your first offense, these allegations have severe consequences that can impact your freedom, family, and future. A first-time domestic violence charge in CA can disrupt your life.
Hire a Domestic Violence Lawyer
As experienced domestic violence attorneys who have handled hundreds of domestic violence cases in California, we know this is an incredibly stressful and uncertain time. When you hire a domestic violence lawyer, you need someone familiar with local regulations.
Our goal is to guide you through the process so you understand what to expect at each stage. With an aggressive legal defense strategy tailored to the unique circumstances of your case, many first-time domestic violence charges can be reduced or even dismissed.
Domestic Violence Rates in California
The consequences of domestic violence can be serious for both the offender and the victim. Offenders face severe legal consequences for engaging in domestic violence, while victims could suffer severe physical, emotional, or psychological trauma from the experience.
According to the Public Policy Institute of California, reported domestic violence incidents in California have decreased since 2001, but the incidents that are reported have become increasingly more violent. Over 160,000 domestic violence incidents were reported in 2023.
The number of domestic violence incidents involving objects has increased from 6% in 2013 to 12.5% in 2023. In 1.1% of domestic violence incidents, the aggressor used a firearm, an increase from 0.5% in 2013.
Domestic Violence Charges in California
California law defines domestic violence broadly as abuse committed against a spouse, cohabitant, dating partner, or anyone you have a close relationship with. It covers actions such as hitting, shoving, making threats, and other behaviors intended to control, isolate, or instill fear.
Common charges include:
- Battery – any form of physical abuse or violence, such as hitting, punching, slapping, pushing, grabbing, etc. This can range from misdemeanor simple battery to felony domestic violence, depending on injuries and circumstances.
- Criminal threats – making threats to seriously harm or kill the victim, even without physical violence. Charges depend on the specifics of the threat.
- False imprisonment – restricting someone’s movements against their will. For example, blocking an exit.
- Harassment, stalking, violating a protective order.
Domestic violence charges can be filed as misdemeanors or felonies under California law, depending on the specific circumstances of the alleged abuse.
Factors that lead to more serious felony charges include:
- Causing major injuries like broken bones or loss of consciousness
- Using weapons or dangerous objects
- Prior domestic violence criminal history
- Violating an active protective order
Arrest and Booking Process After a Domestic Violence Call
When police respond to a domestic violence call, their first priority is separating the parties involved and investigating what happened. If they have probable cause to believe abuse occurred, they can make an arrest, often on the spot.
After arrest, you are searched and transported to the local jail, where you are photographed, fingerprinted, and booked on charges. Within 48 hours, you are brought before a judge who has been informed of the allegations against you. This is when bail or release from custody can be determined.
Getting Out of Jail After a Domestic Violence Arrest
For first-time domestic violence offenses that did not cause serious injury, you may be eligible for release in a few ways:
- Posting bail – paying a bail bonds company to post your bail amount with the court so you can be released, pending trial. Bail amounts depend on the severity of the charges.
- Released on own recognizance – the judge determines if you’re low risk for not appearing in court and releases you without posting bail, as long as you agree to show up to all court dates.
- Bail hearing – your domestic violence defense attorney can argue for lower or no bail based on factors like your lack of criminal history, strong family ties to the area, and other mitigating circumstances.
No matter how you get released from custody, expect the court to issue a criminal protective order barring you from contacting the alleged victim. Never violate this order.
First Court Appearance and Arraignment
Within a few weeks of your arrest, you should appear before a judge for an arraignment hearing. This is where formal charges are presented, and you can enter a plea of guilty, not guilty, or no contest.
Typically, a not-guilty initial plea allows time to build your defense strategy, so don’t feel rushed into any plea. Your domestic violence defense attorney should be with you during the arraignment. If you do not have an attorney yet, the judge can postpone the arraignment so you can get one.
Plea Bargaining in Domestic Violence Cases
Many first-time domestic violence charges are resolved through plea bargaining – negotiating with the prosecutor to plead guilty to a lesser charge in exchange for a lighter sentence or dismissed charges.
While this may seem enticing as a way to avoid trial, the long-term risks may outweigh the short-term benefits. Any domestic violence conviction results in a permanent criminal record that can affect your job, housing, custody rights, and immigration status.
If plea bargaining, try to bargain for alternative programs or counseling instead of pleading to criminal charges. You need an experienced attorney to secure a favorable deal for your situation. Don’t let a prosecutor pressure you into accepting anything you’re uneasy about.
Pretrial Process if Pleading Not Guilty
If you enter a not-guilty plea, your case then heads to trial. The pretrial process begins with discovery – gaining access to all the prosecutor’s evidence so your defense attorney can build your case.
Your attorney can file motions to suppress any evidence gathered illegally, such as statements taken improperly or identification from biased lineups. Strong pretrial motions can get charges reduced or even dismissed before trial.
Building Your Defense in a Domestic Violence Case
While every case is unique, some common defense strategies in domestic violence cases include:
- Self-defense – You reacted out of self-defense against violence initiated by the alleged victim. Your response was reasonable, and you tried to disengage.
- False accusations – Your accuser fabricated the allegations out of anger, jealousy, or as leverage in divorce or custody proceedings. Look for motives to lie and witnesses who can discredit them.
- Mistaken identity – You are accused but were misidentified as the abuser. Show you were elsewhere, or the victim was impaired.
- Mental health issues – The alleged victim has mental health problems that cause them to misinterpret or falsely allege actions as abuse. Expert witnesses can attest to mental health diagnoses.
Working closely with your attorney to gather evidence and identify witnesses who can corroborate your version of events is crucial. You may use experienced testimony from psychologists to support mental health defenses as well.
Trial and Sentencing If Found Guilty
Domestic violence trials involve the prosecutor presenting witnesses and evidence to prove your guilt beyond a reasonable doubt. As the defendant, you are presumed innocent and may choose to remain silent, thereby forcing the prosecution to prove its case.
If the verdict is guilty, the judge then moves on to sentencing. Possible sentences for first-time offenses with minimal injuries can include counseling programs, community service, probation, fines, or days in county jail. Victim impact statements also weigh on the judge’s sentencing decision.
First-Time Offender Programs in California
Some alternative programs you may qualify for as a first-time offender:
- Deferred entry of judgment – Charges dismissed after completing counseling and staying out of trouble for a period of time.
- Batterer’s intervention program – Attending classes over 52 weeks focused on taking accountability and permanently changing abusive behaviors.
- Anger management classes – Completing certified classes to control emotions and destructive reactions.
These can avoid jail time and the long-term effects of a permanent conviction. Your attorney can advise you on whether you are eligible.
Diversion Program Eligibility in a Domestic Violence Case
There are diversion program options for both misdemeanor and felony charges, but most require that the offense be nonviolent for the accused to qualify. For misdemeanor offenses, the judge has the discretion to allow for court-initiated diversion.
However, domestic violence charges are generally disqualified from participating in this type of diversion. If the offense was nonviolent, it may be possible to have the charges reduced to an offense eligible for misdemeanor diversion.
For felony charges, there are three main types of diversion programs:
- Drug and alcohol diversion
- Mental health diversion
- Military and veteran diversion
When you agree to participate in a diversion program, certain requirements have to be met in addition to completing the program. These requirements may include:
- Pay program frees
- Random drug testing
- Regularly check in with the court
- Maintain employment or student status
- Pay restitution if required
- Complete community service hours
- Follow any restraining orders
- No new arrests
Completing a diversion program results in your charges being dismissed. If you do not successfully complete all conditions of the diversion program, your criminal case will proceed, and you could be convicted.
Long-Term Consequences of a Domestic Violence Conviction
While first-time penalties may seem minor at first glance, a domestic violence conviction leaves a permanent criminal record that can severely limit future opportunities, such as:
- Difficulty finding employment, especially in healthcare, education, financial services, and other regulated industries that require background checks.
- Potential loss of professional licensing required for many jobs.
- Possible eviction from public housing programs.
- Custody and visitation limitations if the victim is your child’s other parent.
- Immigration consequences, like deportation if you are not a U.S. citizen.
- Enhanced sentencing if convicted again in the future.
- The stigma of a domestic violence conviction can follow you for life.
An experienced attorney can advise you on ways to avoid a criminal record and keep your future options open.
Frequently Asked Questions About First-Offense Domestic Violence
Q: How Much Does a Domestic Violence Defense Lawyer Charge in California?
A: There is no standard charge for a domestic violence defense lawyer in California, but the overall cost is determined by several factors. Straightforward cases are handled more quickly and use fewer resources, so they generally cost less.
More complex cases can cost more. Taking a case to trial, rather than reaching a plea agreement, can increase overall costs. Felony cases also tend to cost more than misdemeanor cases.
Q: Is It Worth It to Hire a Domestic Violence Defense Attorney in California?
A: Yes, given the possibility of severe consequences, it is worth it to hire a domestic violence defense attorney in California. The costs of skilled legal representation are far outweighed by the severe lifelong consequences of a conviction.
In many cases, charges can be reduced or dismissed with the right legal defense. Qualifying for diversion programs can be difficult without legal counsel, reducing your chances of avoiding a conviction and a mark on your criminal record.
Q: What Are the Penalties for a First-Time Domestic Violence Charge in California?
A: For a first-offense misdemeanor domestic battery conviction in California, possible penalties include fines up to $1,000, up to 1 year in county jail, domestic violence classes, restraining orders, probation, and other court-ordered terms.
Aggravating factors, such as injuries or the use of weapons, may increase penalties. Benefits like deferred entry of judgment are available in some cases.
Q: How Does Domestic Violence Affect Child Custody in California?
A: Domestic violence convictions can negatively impact child custody and visitation rights in California family courts. However, the impact varies case by case, depending on severity and circumstances. Judges typically award full legal and physical custody to the non-abusive parent.
Courts recognize that even first offenses endanger children. It is possible to receive visitation rights with your child, but they are usually limited and supervised. Getting charges reduced or dismissed through plea bargains or private settlements may help preserve custody rights.
Q: Can a Spouse Refuse to Press Charges for Domestic Violence in California?
A: No, a spouse, or any victim of domestic violence, does not have the option to refuse to press charges during a domestic violence case. Once charges have been filed, only the prosecutor can dismiss them.
However, if the victim is uncooperative or unreliable, the prosecutor may decide to dismiss charges. Even without the victim’s cooperation, if there is evidence that domestic violence occurred, the prosecutor may choose to pursue the charges.
Don’t Go Through This Situation Alone – Let Kolacia Law Advocate for You
If you are facing first-time domestic violence allegations, the most important step you can take is to hire an experienced criminal defense attorney as early as possible. Do not go through this situation alone. Look for a lawyer with proven experience handling domestic violence cases in California. We know you feel overwhelmed and scared about what comes next.
We are here to walk you through each step of the process and to apply an aggressive defense strategy to achieve a favorable outcome in your case. Don’t hesitate to reach out and set up a confidential case evaluation. We can listen to your side and develop a legal strategy customized to your unique circumstances. If you or a loved one is facing first-time domestic violence charges, having an experienced legal advocate on your side can make all the difference.
The California criminal defense attorneys at Kolacia Law have successfully represented hundreds of clients facing allegations just like yours. We know the system, the courts, and how to build strong cases. Just one phone call to our office can set an aggressive legal strategy for your charges in motion. Don’t leave your fate or freedom in the hands of chance.Call Kolacia Law now for a free case review.
